A History of England, Period I. Mediæval MonarchyBright, J. Franck (James Franck)
History
A History of England, Period I. Mediæval Monarchy
Bright, J. Franck (James Franck)
Great Britain -- History
were liable to its jurisdiction, were also the judges; that is to
say, the courts were essentially popular. The whole body present
settled the disputes or judged the crimes of the individuals, the
chief officer being, in fact, the chairman. Practically, in the
Shire Court, twelve chief Thegns or chief freeholders sat with the
sheriff as judges, representatives of the whole body. It was also a
principle, at all events originally, that no superior court should
have jurisdiction till the inferior courts had done their best
towards the settlement of the disputed point.
Ecclesiastically, the parishes were co-extensive with the
townships, the bishoprics in a great degree co-extensive with the
shires or ancient kingdoms.
[Sidenote: Growth of territorial jurisdiction.]
In process of time, the position of the king somewhat changed. He
began to be regarded as the one lord of the land. From being the
King of the Saxons he gradually became the King of England. His
personal relation became territorial. The folcland became royal
demesne, and the king came to be regarded as the origin of justice.
This change, among other causes, tended much to the growth of a
system which was in fact incipient feudalism. The national courts
constantly became more the private courts of great lords. The
connection between the possession of land and the judicial power
grew constantly stronger. It had early been the custom to establish
in the favour of lords to whom grants were made Liberties, or
_Soken_, as they were called; that is, land was granted exempted
from the jurisdiction of the Hundred. The judicial rights of the
Hundred, together with the payments accruing from them, were vested
in the lord who received the grant. These rights are implied in the
words _sac_ and _soc_. As townships on a lord’s land became manors,
so these Liberties, on which there were many townships, became
private Hundreds. They were probably, before the Conquest, not
exempted from the jurisdiction of the Shire. It has been already
mentioned that, either by commendation or by the encroachment of
local magnates, freemen (allodial proprietors as they were called)
took in many cases the position of dependants. Their property then
assumed the character of bocland, or land held by charter, instead
of hereditary freehold. By commending themselves to a lord they
would free themselves from the burden of military duty, which would
then fall upon the lord as proprietor of the land. Justice would
be more easily obtained from the neighbouring court of the lord
than from the distant court of the Hundred or county. Protection
from invasion or from the violence of neighbours would be gained.
Again, the police regulation, by which all landless men were
obliged to seek a lord, would strengthen the idea of the necessity
of dependence.
Public-domain text, read in full here on John Shaqi.
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